BRUNSWICK COUNTY — Rivermist residents have been fighting the Pointe Grand Long Beach development’s intentions to use their water pipes and stormwater retention pond since June. As of Monday, the residents scored a win — for now.
The Brunswick County Board of Commissioners sided with residents 3-2 to reverse staff’s decision on Hillpointe LLC’s stormwater permits; Chair Mike Forte and commissioner Frank Williams dissented. According to county attorney Bryan Batton, the stormwater permit appeal is the first in more than 15 years.
Back in May, county staff granted the stormwater permits for the Pointe Grand Long Beach development, poised for construction near Southport. The 362-unit multifamily development will consist of townhomes and apartments on 43 acres and is allowed by-right — meaning the site plans didn’t have to go before the planning board or the commissioners for approval. However, the development still works with county planning staff for permits and final plat approval.
READ MORE: Brunswick County deputy under SBI investigation for Flock misuse
ALSO: Two developments propose 450 homes in Brunswick County
Despite having five planned retention ponds, the property owner, Hillpointe LLC, is seeking to use Rivermist’s pond for stormwater runoff at the easternmost part of the property. Port City Daily asked the county why the developer chose this as an option, but a spokesperson deferred to Hillpointe for an answer; however, the developer didn’t respond by press.
The county unified development ordinance indicates the permit is allowed if the developer’s plans improve stormwater runoff in the area, which according to Hillpointe, it was slated to do.
The Rivermist HOA President Donna Jenny said the developer never sought permission from Rivermist, nor put forth a maintenance plan for the pipes. But the county’s unified development ordinance doesn’t mandate it. Nor does state law, which indicates an easement, or permission to use the property, is not required for the pipes in question because they are not considered a stormwater control measure, only retention ponds are. Staff pointed to the definition discrepancy excluding the pipes from regulation; according to NCDEQ pipes are conveyance infrastructure that move water but don’t abate it.
“I’ve often referred to this situation as a David versus Goliath,” Jenny said. “We were David and this time, David hit Goliath right on target.”
Commissioners Pat Sykes, Randy Thompson and Marty Cooke, who voted to repeal, cited resident concerns of increased flooding on their properties and complaints of Pointe Grand’s discharge trespassing over to Rivermist. The three county officials siding with residents believed developers should direct all runoff to their own retention ponds.
The two dissenters pointed to the county engineers’ expertise, who claimed the plans would actually improve stormwater runoff and were in line with the county’s UDO.
However, Commissioner Cooke said he thought following the UDO was not sufficient, believing it needed to be tightened up.
“In a manner of speaking, we are trespassing onto somebody else’s system without an agreement, without an easement,” Cooke said at the meeting, “and also no maintenance aspect.”
The appeal
Residents of the Rivermist community, represented by Jenny and Robert Gehrke, first submitted their appeal of the stormwater management permit in June 2026 after hearing of the site plans in May. The appeal was subsequently denied by planning staff the following month.
The appeal by residents claimed the water runoff would be worse because it increased impervious surfaces in the area. Staff found the development improved stormwater runoff by 60% to 75%, as required by the county code; a new development must keep runoff the same or improve but cannot worsen.
At the end of July, the residents challenged the staff decision, which went to the commissioners this week.
Rivermist community members believed the development will drive more water into their pipes, leading to further costly maintenance paid for by the HOA. Jenny explained the absence of a maintenance plan — treating leaks and clearing clogs, etc. — was also troubling. This is a requirement according to Hillpointe’s stormwater permit, though county engineer Richard Christensen again relayed since pipes are not a stormwater control measure, those expectations don’t exist. He added maintenance was a civil matter.
When Rivermist was built out, stormwater pipes were constructed west of the property to divert water from the undeveloped parcel to the Rivermist pond. Hillpointe’s goal is to continue using the drainage system even as the parcel is developed. The area between the eastern part of the Hillpointe and the Rivermist stormwater pond (located near Swashbuckler Way) is prone to flooding, residents say.
“They were not designed for additional water coming in from somebody else’s property,” Jenny told Port City Daily.
The county and developers stood firm water collected in the pipes would be reduced upon development. They pointed out the current outflow and any increased amount to Rivermist would be split among five onsite retention ponds before it flowed through to Rivermist.
“It seems like a no-brainer to me,” Forte said of the appeal decision when told runoff could decrease up to 75%.
Jenny told Port City Daily Tuesday she and others in the community were skeptical about the prediction. Aside from flooding in place already, she added 22 homes on Swashbuckler Way and Ballast Road are typically affected by storm events now.
“Our contention was that when you put a bunch of concrete on, it’s going to make things much, much worse,” Jenny explained.
In addition to Rivermist’s concerns for flooding and pipe maintenance, residents were dismayed by no reciprocal agreement negotiated with the HOA.
“By allowing this permit to go forward as is, is condoning trespassing. I don’t think that’s a position you want to be in,” Gehrke said at Monday’s meeting.
Commissioners react
Jenny said she was surprised the appeal was approved on Monday; she said she went into the hearing believing it would be a 3-2 vote in favor of the developer.
At the Sept. 21 hearing, Commissioner Sykes voiced her opposition to much audience applause and made a motion to grant the appeal.
“I don’t like using existing stormwater ponds that belong to Rivermist,” she said. “It’s not appropriate in my book.”
Commissioner Thompson was quick to second the motion. In his initial comments, he said the Pointe Grand development shouldn’t have been approved at all by staff.
“If it was in my backyard, I’d be concerned,” he said, also to applause.
Commissioner Williams asked staff what commissioners were basing the appeal decision on. Batton said they needed to weigh if staff adhered to county code.
Forte and Williams were in agreement staff followed the ordinance for thestormwater permit.
Not to take away from staff’s “incredibly competent” work, Cooke said he believed water flow would decrease. However, his main issue was with ordinance language, saying it’s not thorough enough when it comes to issues with drainage systems or the burden of maintenance being on neighbors. Cooke thought easements and maintenance both needed to be a part of the stormwater ordinance.
“I think we’re going to have to rewrite the ordinance,” Cooke said.
Thompson thought information staff was provided with was inadequate because it didn’t capture the full scope of the possible harm to Rivermist.
Rivermist residents claimed the staff needed to visit the site to understand their flooding concerns; however, attorney Batton pointed out planning employees must rely on the engineer’s findings, not what they see on a property.
Next steps include Hillpointe re-submitting for stormwater permit approval or may appeal the commissioners’ decision in Superior Court within 30 days of receiving the written decision.
Have tips or suggestions for Emily Sawaked? Email [email protected]
At Port City Daily, we aim to keep locals informed on top-of-mind news facing the tri-county region. To support our work and help us reach more people in 2026, please, consider helping one of two ways: Subscribe here or make a one-time contribution here.
We appreciate your ongoing support.
